HomeMy WebLinkAbout20091688.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE
AND DISPOSAL TEAMS AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for
the Explosive Ordinance and Disposal Teams between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's
Office, and the City of Greeley, commencing upon full execution, with further terms and
conditions being as stated in said Memorandum of Understanding, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
Understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Understanding for the Explosive Ordinance
and Disposal Teams between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the City of
Greeley be, and hereby is, approved, upon the condition that the City Council of the City of
Greeley also pass a Resolution approving the same.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Memorandum of Understanding.
G -A
2009-1688
SO0030
(0 ci
MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE AND
DISPOSAL TEAMS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 20th day of July, A.D., 2009.
Weld County Clerk to the
aunty Attorney
APPROVEp AS TO FORI9cr
Date of signature: S I Li IOcj
BOARD OF CO NTY COMMISSIONERS
WELp COUN a COLORADO
Dougl.s Rade acher, Pro-Tem
Sean P. Conway
�rara Kirkmeyer
CH„
David E. Long
2009-1688
SO0030
Memorandum of Understanding
Weld County Sheriff's Office and Greeley Police Department
EOD Operations
This Memorandum of Understanding (MOU) is entered into by and between the Weld County
Sheriffs Office, 1950 0 Street Greeley Colorado 80631 (hereafter Sheriff) and Greeley Police
Department, 2875 W 10th Street Greeley Colorado 80634, (hereafter Chief), to combine Explosive
Ordinance and Disposal Teams (hereafter "EOD"), and utilize the combined EOD Team services and
resources, when necessary. In no event shall this MOU extend more than one month beyond the
current term of office of signatory Sheriff and/or Chief of Police.
Whereas, CRS -29-5-103; 29-8-104 authorizes the Weld County Sheriff or the Chief of Police
of the City of Greeley to request temporary assignment of certified peace officers from other
jurisdictions and to temporarily assign certified peace officers under their command to certain other
jurisdictions and Colorado.
Whereas, the board of Weld County Commissioners, by resolution, has authorized the Weld
County Sheriff's Office to enter into a mutual aid agreement in accordance with the Colorado Statute,
CRS -29-5-103: 29-8-104, on the condition that each agreement is approved as to form by the Weld
County Attorney's Office, or Deputy Weld County Attorney; and;
Whereas, the Weld County Sheriffs Office and Greeley Police Department realize critical
incidents and major events may overextend available resources of individual EOD Teams; and
Whereas, the Sheriff and the Chief desire to execute an agreement to allow each respective
agency's EOD Teams to combine and form an EOD Team in accordance with each agency's Policy
and Procedures.
Now, therefore, it is hereby agreed by and between the parties hereto:
1. This MOU shall commence on the date last executed by the duly authorized representatives
of the parties to the MOU, and shall remain in full force and effect until terminated by either
party upon sixty (60) days written notice, or as terminated by a written and signed MOU.
2. Each party to this MOU agrees to furnish to the other party such manpower and/or
equipment necessary to support the EOD operations.
3. All requests for activation of EOD under the terms of this MOU shall be made by the duly
elected Weld County Sheriff, or his designee, or the duly appointed Chief of Greeley Police
or his designee.
2009-1688
50 02,3/
a. EOD activations may be made for, but are not limited to, large scale high
risk incidents, prolonged operations or any operation with expansive
dynamics that require specialized explosive ordinance knowledge and device
expertise.
4. The Sheriff and Chief shall designate Incident Commanders from within their respective
agencies. The agency having primary jurisdiction over the activation scene shall utilize
their Incident Commander to oversee the operation and to accept or decline the operational
plan presented by the EOD Team Commander.
5. In the event another jurisdiction/agency requests the utilization of the EOD Team outside of
the jurisdictional boundaries of the Greeley Police Department and Weld County Sheriff s
Office, the Sheriff, or his designee, the Chief, or his designee, may authorize the EOD Team
activation.
6. The Sheriff and Chief shall appoint a EOD Team Commander to administer and supervise
EOD operations. The EOD Commander is responsible for implementing an operational
plan for each activation, the management of tactics, personnel deployment and equipment
usage.
7. Temporary assignment of a certified officer to the EOD Team from one jurisdiction to
another pursuant to this MOU shall be only for performance of temporary duties relating to
EOD operations.
8. Certified peace officers temporarily assigned and performing duties pursuant to this MOU
shall have full peace officer authority within Weld County and, City of Greeley during the
temporary assignment.
9. Certified peace officers temporarily assigned and performing duties pursuant to this MOU
are subject to the direction and control of the EOD Team Commander.
10. EOD officers shall abide by and perform their duties in accordance with their respective
agency's policies and procedures. No officer shall follow any directive or order that is
outside his or her home agency's standard operational policies and procedures.
11. Complaints arising against the EOD Team operator(s) as a result of a cooperative effort
as it may pertain to the MOU shall be investigated by the agency having primary
jurisdiction over the scene. All incidents involving the shooting of a subject, whether
intentional or accidental, shall be investigated by the Weld County Sheriffs Office or
Greeley Police Department.
12. The cost for equipment, training and resources for each certified officer assigned to the
EOD Team shall be the responsibility of the officer's home agency. All equipment
provided to the EOD Team for joint use shall remain the property of the purchasing
agency.
13. Each party to his MOU shall be responsible for compensation of the certified officers
from their home agency during an EOD operation.
O
14. The Weld County Sheriff and GPD do not waive their Governmental Immunity as provided
by any applicable law including CRS 24-10-101 et seq., by entering into this MOU.
Further, Sheriff and GPD fully retain all immunities and defenses provided by law with
regard to any action, whether or tort, contract or any other theory of law, based on this
MOU.
15. The parties do not intend to create in any other individual or entity the status of the third
party beneficiary and this MOU shall not be construed so as to create such status. The
rights, duties and obligations contained in this MOU shall operate only between the parties
to the MOU and shall insure solely to the benefit of the parties to this MOU.
16. Each party to this MOU shall be responsible for any liability arising from its own conduct.
Neither party agrees to insure, defend or indemnify the other, except that the cost of any
damage to equipment belonging to the certified peace officer or his employer while acting
pursuant to this MOU for another jurisdiction shall be borne by the requesting agency.
17. By execution, each party certifies it has read and understands this MOU, agrees to be bound
by the terms hereof, have the authority to execute and bind, and have received a signed and
dated copy of the MOU.
WELD bOUN ' SHERIF OFF E
pp(1By: .ii/1� Date: 7 -(6 -(01
W County Sheriff, John Cooke
GRE z7LL POLICEDEPA'' MENT
By:
y Chie of Police, Garner
REVEL ' EIiND A VED TO AS FROM:
By: /; Date: % )1,c7
-Weld County Attorney, Bruce Barker
By: Date:
City of Greeley Attorney, Rick Brady
Date: 2-17-0
IN WITNESS WHEREOF: the parties have executed this contract on the day and year first
written above.
THE CITY OF GREELEY, COLORADO
By:
Edward Clark, Mayor
ATTEST:
CityVt lerk
Approved as to Substance:
Roy O 1 o ' ity Manager
Approved as to Legal Form
By:
City Attorney
Approved to Finance
By: 6%,
Director nce
Recommended:
By:
Jerry a' er, Ch. f of Police
Greele_ 'olice Department
WELD COUNTY BOARD OF COUNTY
COMMISSIONERS:
By:
Chairman, William F. C
ATTEST:
BY:
Deputy Clerk
Approved
' By:
ounty Attorney
Recom ended:
By:
n Cooke, Sheriff
eld County Sheriff's Office
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